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How a Malpractice Lawyer Can Help You File a Medical Malpractice Claim

Medical malpractice cases are among the most complex and difficult to get. Top New York malpractice attorneys know how to navigate these cases.

Malpractice occurs when doctors stray from the accepted medical practice that cause injury or death. A malpractice lawsuit that is successful will offer compensation to pay for the past and future medical expenses, lost wages and consortium and pain and suffering.

Medical Records

Medical records are a critical part of any medical negligence case. Medical records contain lots of information, ranging from initial diagnoses and treatment plans. These records can include digital photos of patients, flowsheets for surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These records can be used by lawyers to determine if a physician's actions were not within the norms of practice and harmed.

Many healthcare providers and hospitals are required to supply copies of medical records upon request. When a medical malpractice attorney requests records as part of an upcoming lawsuit, they might face significant administrative delays. A dedicated and experienced New York City medical malpractice attorney can get these records quickly and efficiently.

A medical malpractice case must be filed within the specified time frame, known as the statute of limitations. In New York this means you have two and a quarter years to file a claim from when the act or omission caused you harm.

Your lawyer must gather as much evidence as they can in the initial stages of your medical malpractice claim as you can in the beginning. This includes all of your medical records, including the information mentioned above and hospital invoices, eyewitnesses' declarations and photographs of your injuries.

Expert Witnesses

Expert witnesses are usually required in medical malpractice cases. They are usually medical professionals with the ability to offer an opinion about the case and whether negligence took place. They are often called upon to examine the medical records in a case and they could also be required to testify in person during the trial.

A nurse, surgeon assistant physician, doctor or any other healthcare professional who has a solid knowledge and experience can be an expert witness. They can help the jury to understand the complex medical aspects of the case.

A medical expert's report can be a powerful tool in evidence that the defendant did not fulfill their duty to care and caused you harm. Experts are required by law to swear to only present the information they believe to be accurate. It is essential that you choose experts that you can trust and are reliable.

An experienced lawyer who specializes in malpractice cases can evaluate the case and determine whether an expert witness is required. In certain cases an expert's testimony might not be necessary since medical records show that a physician or healthcare worker made an error that led to your injury.

Depositions

Witness testimony from a credible source can prove that the medical provider failed to meet his or her obligation of care. Your malpractice lawyer may be able locate witnesses like nurses, pharmacists, radiology technicians doctors who have read test results ambulance attendants and other health professionals who were in the operating room at the time of the negligent act, or witnesses from a different location. Witnesses can be questioned and can provide vital details to support your case.

There are many types of damages that your New York malpractice attorney may obtain on your behalf if you file a successful lawsuit. These include reimbursement for your actual financial losses, including medical expenses and lost wages, and non-economic damages that are more subjective, like suffering and suffering or loss of enjoyment in life and disfigurement, as well as emotional or mental suffering.

Some states cap the amount of money the patient could receive as a result of a medical malpractice suit. Your lawyer can explain the effect of this on your case.

Although the impact of a medical error may be traumatic, thousands of people can claim compensation from healthcare providers as well as the hospitals or clinics in which they work. A New York medical malpractice lawyer has the knowledge and resources to make a convincing claim for you and your family.

Trial

Due to an error in the prescription or dispensing of medication patients may suffer many kinds of injuries. For example, a mistake in administering a blood thinner to patients who are already at risk of having strokes can be fatal. New York attorneys at Duffy & Duffy can assert malpractice lawsuits against pharmacists, doctors and optometrists for prescribing incorrectly medications that cause severe injury.

Even after a medical professional states that a healthcare practitioner failed to meet the standard of care, proving the actions of the provider caused the victim's damage isn't easy. A skilled malpractice lawyers attorney will rely on hospital or physician's policies, protocols and guidelines to create an argument that proves defendant's negligence.

Many medical malpractice cases settle prior to trial. However, a seasoned attorney should be ready to bring your case to trial should the insurance company decide not to settle for a fair amount during pretrial negotiations or if a jury's verdict is more likely to result in a bigger damages award. A medical malpractice attorney may decide to appeal a lower court decision, depending on the strength and merits of your case. The process can be long and involves expert witnesses. But, it is an important step to make sure your case is given a fair hearing.